Second Circuit – Notice of Appeal: Cole-Hoover v. Dept. of Corrections

U.S. Court of Appeals for the Second Circuit

Notice of Appeal

Untimely – Order Directing an Attorney Lien

Cole-Hoover v. Dept. of Corrections

15-1986(L); 15-2173(XAP)

Judges Newman, Walker and Jacobs

Background: The underlying case involved an employment discrimination action. While the litigation was pending, the plaintiff was represented by the non-party appellees who filed the present motion. The case was ultimately settled and before the parties announced their intention to settle, the appellees sought an order directing the plaintiff to pay unpaid attorney’s fees out of the proceeds of the settlement. At issue is whether the motion to dismiss as untimely an appeal of an order concerning the attorney’s fees.

Ruling: The Second Circuit denied the motion to dismiss. The court held that the 30 days for a notice of appeal in a civil case runs from the “entry” of the order appealed from. However, the Second Circuit noted that an order creating a lien is not a typical order awarding attorney’s fees and the latest order directing the fees specified in a prior order shall be paid.

Brian P. Fitzgerald for non-party appellees; Anthony A. Boyadjis for the appellant